The state of Indiana, like many other states across America, has implemented strict laws for distracted driving to reduce the ever-increasing incidences of tragic accidents. In many of the tragicdistracted driving car accidents across the country, the drivers were under the age of 18.

Which leads us to ask – Can an Indiana teenager be held liable for causing an accident while driving distracted?

Holding Novice Drivers to Stiffer Laws?

Novice drivers might be able to multitask while driving, however statistics have shown over and over again that texting while driving distracts even the most experienced drivers long enough to cause a car accident. The laws were written in a manner that makes sending text messages while a motorist is operating a vehicle illegal, and many state laws also include making a call on the cell phone, using dashboard technology or the radio, and even eating.

The truth of the matter is: Teenagers are more likely to participate in reckless behaviors, such as texting while driving, than novice drivers are. Thus, teenagers are more likely to cause accidents. So, are we holding novice drivers to stiffer laws than teenagers are held to?

Statistics on Distracted Driving

The Center for Disease Control and Prevention conducted anational survey in 2011 on distracted driving. Before the results of the study were reported, the CDC noted that every day, eight people were killed and 1,161 were injured in car collisions that reportedly involved a driver who was distracted in 2011. An image of a football field is featured next to the list of statistics, captioned with, “At 55 mph, the average text takes your eyes off the road long enough to cover a football field.”

Think about when you are driving. Now, think about how many cars can fit on a football field. In theory, that is the amount of cars that could possibly be involved in a car accident caused by a distracted driver. In reality, though, once the vehicle of the distracted driver hits another car, the distracted driver vehicle will not continue along the course of the entire length of the football field, because the impact will stop the car in its tracks. However, when a distracted driver is texting or participating in any other activity that takes their attention away from the road, any car within a football field away from them is in jeopardy.

If the 2011 statistics sound scary, the 2014 numbers imply that distracted driving is much more out of hand as time has elapsed.Distraction.gov revealed that in 2014, 3,179 people were killed and 431,000 were injured in car accidents involving distracted drivers across the country. The National Highway Traffic Safety Administration (NHTSA) also reported that 10 percent of drivers between the ages of 15 and 19 who were involved in fatal crashes admitted to being distracted at the time.

Surprising Distracted While Driving Statistics

However, statistics from the NHTSA reveal some surprising data. While it is believed that teenagers most likely caused a majority of distracted driving accidents, drivers in their 20s made up 23 percent of the fatal distracted driving crashes. This age group were 27 percent of the distracted drivers on the road and 38 percent of the distracted drivers who were specifically using cell phones when fatal crashes occurred. Because there are fewer drivers in the age group 15 to 19 years old, and more accidents per the amount of drivers (which is six percent of all drivers), teenagers still had a higher amount of distracted driving incidences, proportionately.

Statistics – Drivers vs. Passengers

In the 2013 statistics provided by the NHTSA, distracted driving fatalities were analyzed. Of the occupants in the cars, drivers made up 60 percent of the distraction-affected fatalities, while passengers made up 25 percent of the distraction-affected fatalities. However, these are not the only fatalities that occur in distracted driving crashes – people who are not even riding in cars can get killed or injured when someone is distracted while driving! Pedestrians made up 12 percent of the fatalities, while bicyclists made up two percent.

CDC Youth Risk Behavior Survey

The CDC’s national behavior survey on youth back in 2011 disclosed the following:

50 percent of high school teen drivers admitted to sending text messages or email while driving a car.

Students who participate in texting while driving are five times more likely to drink alcohol and drive.

Students who participate in texting while driving are twice as likely to get in the car with a driver who has been drinking.

The admission of these dangerous behaviors showed a strong parallel between risky behaviors and the tendency to engage in distracted driving behaviors.

Back to the Question at Hand

All of the statistics point at teenagers being the main group that should be focused on regarding repercussions for distracted driving. So, we pose the question again: Can an Indiana teenager be held liable for causing an accident while driving distracted? Legally, the answer to the question is: Yes.

AT&T created acommercial called Close to Home – It Can Wait, as part of an initiative to expand awareness about distracted driving. The commercial shows how everyday normal people participate in distracted driving without even thinking and how quickly a distracted driver can land in a tragic accident that could change lives forever. Any teenager who has not seen the commercial should definitely watch it.

Maybe we should be asking the question: How should Indiana teenagers be held liable for distracted driving accidents? How should anyone be held liable for distracted driving accidents? Especially when people are injured or killed an accident that could have been prevented by simply obeying the law. There are strict laws against it, yet the tragic statistics keep growing.

If you have been injured in a distracted driving car accident, you should call a dedicated Indiana car accident attorneywho will help you to recover compensation you deserve. Distracted driving is against the law! Drivers who cause tragic car accidents because they are texting while driving or chatting on their cell phone need to be held accountable for the damage, the injuries, and the pain and suffering that they cause.

Car accidents are an everyday occurrence in Indiana. Auto accidents often result in serious injuries, damages to the vehicles involved, and in the more tragic of accidents, death of one or more of the people involved in the accident. According to the Insurance Institute for Highway Safety Loss Data Institute, there were 845 fatal accidents in 2014 that resulted in 924 total deaths.

Those are just two of the sobering statistics regarding Indiana car accidents. Car accident statistics and other vital facts regarding automobile accidents in Indiana, what frequently causes them, and the proper manner in which to proceed after a car accident occurs are often shrouded by ubiquitous myths. In order to ensure that you are not befuddled by common auto accident myths, you should familiarize yourself with the ones that have become popular and then learn the facts.

With that said, here are four common car accident myths you should never fall for:

State laws regarding car accident and injury lawsuits – and the compensation that comes along with lawsuits and settlements – are the same everywhere. (Incorrect!) When you cross the border from Indiana to Kentucky, you travel from what is considered a “fault” insurance state into a “no-fault” car insurance state. The difference in how you file insurance claims and personal injury lawsuits in neighboring states can vary greatly, let alone if you travel across the country. In “fault” states, if you are injured or your car is damaged, you are supposed to file the insurance claim with the driver who was found at fault, instead of filing a claim with your own insurance company. Some states, including Indiana, use a calculation called “modified comparative fault,” which means that more than one party can be found at fault for the car accident. Parties found at fault may still receive compensation for damages and injuries, however, the amount of compensation is reduced by the percentage they are liable for, according to the modified comparative fault equation. For example, a driver who is found 30 percent responsible for an auto accident will only be able to recover 70 percent of the compensation for their damage and injuries from the accident. However, if a driver is found to be 51 percent or more at fault for the accident, they cannot recover any compensation for the damages and injuries. One final thing to keep in mind regarding car accident and injury laws is the personal injury claims statute of limitation in each state can differ. This is the time limit you have to file a personal injury lawsuit after an injury occurs. In Indiana, the amount of time you have is two years.

You will automatically receive compensation for your damages and injuries if you file a car accident claim or personal injury lawsuit. (Incorrect!) Car insurance companies are notorious for denying auto accident claims. Do not believe that just because you file a car insurance claim, you will receive compensation. Additionally, these companies are just as notorious about offering the least amount of compensation possible to injured claimants. You have the right to consult with and hire an attorney to handle your car insurance claim to ensure that you will receive the maximum amount to cover your outstanding medical bills, lost wages, damages to your vehicle, and any future medical needs you may have. In the case of personal injury lawsuits, the stakes get higher and the proof becomes more important. In order to receive a favorable verdict or a settlement in a personal injury lawsuit, you will need to prove several things:

The negligent driver caused the car accident to occur;

The accident was the direct cause of your injuries and damage; and

The compensation you are requesting is directly related to the injuries or damage that the negligent driver caused.

In both of these cases, an experienced Indiana auto accident attorney can help you gather the appropriate evidence to prove your claims. They can also file the requisite paperwork to ensure that you get the compensation you are entitled to. Do not expect to receive automatic compensation, because that does not happen, and if it does, you have most likely settled for the least amount possible for your claim.

Your insurance company works for you. (Incorrect!) Most people believe that their insurance company works for them and looks out for their best interests. While Indiana is a “fault” state and you would normally file an insurance claim with the at-fault driver’s insurance company in the event of damages to your vehicle and your injuries, what would happen if the driver was uninsured? In that case, all Indiana auto insurance policies are required to include Uninsured Motorist coverage, unless you have expressly refused the coverage in writing, so you would then file the claim with your own insurance company. However, do not be misled to believe that because you have been paying for your insurance policy that they will have your best interest in mind. On the contrary, insurance companies are out to make a profit. With this said, it would make sense for them to pay out as little as possible on every single claim, wouldn’t it? Never accept the first settlement amount that is offered to you. Make a note in your mind now that the first offer that any insurance company makes is always negotiable. Additionally, it will always be their lowest offer possible. Finally, do not discuss the details of the car accident or the extent of your injuries or vehicle damage with an adjuster or a representative at the insurance company. It is always in your best interest to consult with an experienced Indiana car accident lawyer. Too many times, car accident victims have inadvertently told insurance companies information that resulted in either lowering the amount of their settlement or put their claim at risk of being completely rejected.

You can handle your car insurance claim or personal injury lawsuit easily on your own and save money. (Incorrect!) Once again, most car accident victims think this way. Sure, you can handle a car accident claim, and you can even file a personal injury lawsuit in civil claims court on your own. However, the difference between getting the least amount of compensation possible on your claim or lawsuit and the maximum amount possible is usually an experienced auto accident and injury attorney. You have enough on your plate. The last thing you need to be worrying about is making sure that you fill out all of the paperwork and file all notices on time, ensuring that your claim is in compliance with Indiana laws, and negotiating with the insurance companies.

At Rowe & Hamilton, our Indianapolis car accident attorneys are skilled at negotiating with insurance companies to ensure that our clients obtain the highest amount of compensation possible for their claim. We have successfully handled thousands of personal injury cases in the Indiana courts, as well. Contact us today to discuss your case.

It is unfortunate, but it happens too often in seriouscar accidents in Indianapolis. Your car is totaled in the car accident, which is the fault of the other driver. You still owe a fairly large balance on your car – however, you are not offered the full amount to pay off your car loan. What do you do now?

What Does “Totaled” Mean?

First of all, let’s talk about how insurance companies determine if your car is “totaled.” The insurance company will evaluate the actual cash value of your car by determining and calculating specific variables, including:

Mileage on the odometer;

Condition of your car; and

Make, model, and year of your car.

There are cases when insurance companies declare a vehicle totaled, even when the cash value of the car is more than the cost of repairs. In some states, insurance companies have the leeway of making the decision at their discretion whether or not the car is totaled. In other states, however, the decisions of insurance companies are regulated and monitored by the state. But, this is just one part of the determination regarding the final amount you will be paid.

The state of Indiana has legislation that requires the threshold of total loss of a vehicle to be at least 70 percent before it will issue a salvage title. What that means, in layman’s terms, is that the amount of money it will cost to repair the vehicle must be equivalent or greater than 70 percent of the calculated actual cash value of the vehicle. For example, if your insurance company determines that your vehicle is valued at $5,000, the total cost of repair must be equal to or greater than $3,500 in order for your insurance company to declare it a “total loss.”

Fault-Based Insurance State – Who Pays the Claim?

Who is responsible for paying for the claim? This is where things get more complicated. Indiana is considered afault-based state regarding car accidents and insurance. Therefore, if you are found at-fault for the accident and you have full-coverage insurance, your auto insurance company is responsible for paying the claim. However, if another driver is found at-fault for the collision, their insurance company will be responsible for paying the claim to you.

Indiana follows the 51 percent Bar Rule as well, meaning that if a driver is found at-fault, they cannot recover any compensation for the accident and damages if their percentage of fault is determined to be 51 percent or more. Not all car accidents are considered one driver’s fault, which means that one driver can be found to be 75 percent at-fault, while the other driver is found 25 percent at-fault. Determination of fault is crucial in the equation when requesting the total cash value of a vehicle. As long as the driver is found 50 percent or less at fault, they can recover compensation for their damages. In that case, the driver would only be paid 50 percent of the “totaled” amount.

What if the Cash Value Determined By the Insurance Company Is Low?

If you feel you have been offered a lower figure than expected for the actual cash value of your car, you can obtain estimates and quotes from several used car lots or car dealers and attempt to negotiate a higher payout. Make sure you get the copy of the estimate or quote signed by the dealer or salesman who provides it to you. Then, take those quotes and estimates to your – or the other driver’s – auto insurance company’s adjuster (whoever was found at fault) and try to negotiate a higher offer.

What if the Amount Offered Does Not Cover My Loan?

If your vehicle is deemed totaled and you still owe money to a loan company, you will be required to pay off the balance of your loan first. Normally, the amount that the insurance company settles on will be paid toward the balance of your loan before you can think about putting the money toward another vehicle. The reason why this happens is that the insurance company is essentially purchasing your totaled car from you, therefore it will demand the title for your car in exchange for the check for the actual totaled amount.

However, if the amount the insurance company offers you for your totaled car is less than the total amount to pay off the balance of your loan, it will cause problems. Obviously, you will not be able to pay off the loan, hence you also will not be able to provide the insurance company with the title to your vehicle, as the loan company will still have a lien on your car until the total amount of your loan is paid off. In this case, you will need to renegotiate the amount offered to you for the value of your car, which means proving to the insurance company that your car is worth more than they are offering, proving that the loan amount is more than the insurance company offered you, and working out a settlement amount that works for everyone involved.

If you have a bodily injury claim and are currently facing a situation in which your vehicle has been totaled and your loan balance is more than the insurance company is saying your car is worth, the experiencedIndianapolis auto accident lawyers at the law offices of Rowe & Hamilton can assist you with negotiating a just payout from the insurance company. This is a service we offer for our personal injury clients at no charge. We have handled negotiations between insurance companies, lenders, and vehicle owners to ensure a fair property damage settlement. Call our offices today to find out how we can help you on both your bodily injury and property claims.

The Pokèmon franchise launched in the 1990’s and quickly became a wildly popular activity. Today, we see the new Pokèmon Go game rising to a similar level of fame and excitement.

If you are unfamiliar with the brand, Pokèmon began as a Nintendo handheld Gameboy video game. The original game and the new Pokèmon Go game are played with a series of cartoon character creatures, which the player must catch (“Gotta catch ’em all”). Pokèmon Go was released in July of 2016 and saw a huge surge of popularity with older millennials, who remember playing the original, and with pretty much everyone else who enjoys the augmented reality, location based, mobile version of the game.

Pokèmon Go, itself, is a mobile app from Niantic Labs, which can be played on cell phones. The player can see the virtual Pokèmon characters on their screens in real world locations, and is tasked with catching as many as possible by navigating their own natural environment. Players are able to catch more Pokèmon by traveling to as many locations as they can, frequently by bicycle or on foot.

To give you an idea of the stretch of the game’s popularity, Pokèmon Go has been downloaded by more people than Tinder has; and Tinder is among the most popular of dating apps.

There are some pros and cons to the contagion of the new Pokèmon Go game. On the pros side, we have a massive number of individuals getting up off the couch and away from their other screens to stretch their legs and exercise in the process of succeeding at this game. In a society that has grown increasingly sedentary with the advancements of technology, it is a breath of fresh air to see a game that encourages its players to get out and about. In the face of this great news, it may be hard to believe that there is a downside. However, on the opposite end of physical exercise, we have the negative effect of physical injuries. People are getting out and exercising with Pokèmon Go, but they aren’t necessarily watching where they’re going.

Thus, we have claims for personal injuries and wrongful deaths aimed at the gaming conglomerate creators of the app. Many are wondering how litigators will be able to demonstrate and prove their cases against the company and what evidence will be used.

Litigations against the Pokèmon Go app will necessitate the use of traditional and new wave expert witnesses. Traditional expert witnesses for personal injury claims will include doctors, human factors professionals, and accident reconstructionists. Yet, there is more to this sort of technology than traditional experts can account for. This means that litigation in Pokèmon Go claims will also require augmented reality experts, a new field with a different perspective on the analysis and strategy of these cases. Beyond this, we’ll see testimonies from experts in software development and computer graphics in Pokèmon Go trials.

Injuries Related to Pokèmon Go

Pokèmon Go is played by navigating real world locations with a smartphone screen that shows a camera view of those locations, with the Pokèmon creatures appearing in the screen as though they are actually there, as an augmented reality technology. Gamers are then able to obsessively collect the little monsters with their phones. Unfortunately, this also results in a plethora of accidental injuries and unusual accidents.

In one of these strange examples of Pokèmon Go related accidents, two men in Encitas, California were playing the game and managed to fall down a cliff. One man fell 50 feet, and the other fell 90 feet. Then, we have the case of a 15 year old who was mistaken for a burglar and shot by a homeowner, when the teen was attempting to access the property to catch a rare Pokèmon. Aside from careless accidents and trespassing, there have also been a number of accidents involving distracted drivers and pedestrians. The game is even being used by criminals to lure their victims into areas where they can be easily robbed. In one case, in Missouri, four armed robbers were using the game to determine when their victims would arrive in a particular isolated location, ideal for their crime.

The popularity and risks associated with the Pokèmon Go game have inspired many government officials to issue warnings to their city, state, and country citizens to be aware of the potential for careless accidents and crimes. Josh Earnest, spokesperson for the White House, expressed that game players should ‘not suspend common sense’ while they play. The Bosnian government has warned that players should be wary of landmines. On the more extreme end of precaution, some governments have banned the game, including Kuwait and Indonesia. Meanwhile, it is now illegal to play Pokèmon Go in Russian churches.

Legal Claims Against Pokèmon Go

When injuries and wrongful deaths occur, is it possible to take legal action against Pokèmon Go? If so, what sort of expert witnesses should testify? In order to prove a claim against the game for wrongful death or personal injury, it would be necessary to demonstrate that Niantic Labs owed a duty of care to the plaintiff or litigant and that they breached that duty, directly causing the injuries or losses. In a wrongful death claim, it would be necessary to provide evidence that negligence on the part of the company caused the death.

Then, there are those who aren’t playing the game, but have still had their lives impacted and disturbed by accidents that resulted from the Pokèmon characters being placed on their property. This opens the door to add to the typical definition of trespassing. Typically, one would have to physically enter someone’s property, without permission, to be trespassing; but it is entirely possible to argue that the game has virtually trespassed on private property.

There is also the tort of nuisance argument. This is an invasion of the reasonable use or enjoyment of personal property, without trespassing. For those who have not encountered physical trespassing, the tort of nuisance argument is another practical approach to litigation.

Here, we come to the question of how litigants could prove their claims against Pokèmon Go and Niantic Labs. Much like any other personal injury claim or wrongful death claim, expert witnesses will be a primary factor in the case. These expert witnesses can include medical professionals and accident reconstructionists as well as economic experts. These experts would be able to explain the injuries, losses, and facts of the case, in detail, shining light on where negligence may have occurred to cause the accident. The economic experts would then be able to establish the merit of the monetary compensation requested in relation to the long term impact of the injury on the financial life of the plaintiff.

Finally, there is another, newer set of experts who should be consulted on cases involving Pokèmon Go related injuries and losses. These are the technical experts, the experts in computerized software and design, virtual gaming, and augmented reality. These are very new fields for expert witnesses, and could be the deciding factors in such litigation. Because augmented reality games are new territory, it will be essential to have new technology experts available to educate the jury on the important and relevant technological factors of the case.

Niantic Lab’s Terms of Service and Arbitration Clause

Potential plaintiffs need to be aware of the terms of service on the Niantic Labs website and on the Pokèmon Go gaming app. These terms of service include a player agreement to be bound by an arbitration clause. The arbitration clause states an agreement to address any disputes or claims through a binding arbitration, rather than a trial in court. There are still some situations where claims can be taken to small claims court, though not in class action lawsuits, and only with certain exceptions to the arbitration clause.

All players do have the right to prevent copyright, trademark, and other intellectual property rights infringement through seeking injunctive relief. Further, players have the right to an Arbitration Opt-Out Notice to litigate other disputes. This means that the player must provide written notice to Niantic Labs within 30 days from the date that he or she accepted the terms, before pursuing litigation, to opt-out of the arbitration agreement.

It is important to understand how this affects the average player of Pokèmon Go. As long as you’ve been playing for less than one month (as is currently and temporarily the case for all players of this new game), you have the ability to opt-out of the arbitration clause. You can also request injunctive relief for intellectual property rights infringement and take legal actions to small claims court. Many are apprehensive about the arbitration clause, but it is good that the public is aware of it, now, while it is not yet too late to take action. Let one of our skilled product liability claim attorneys in Indianapolis help you with your claim.

Above all, Pokèmon Go players must recognize the importance of using common sense while playing the game and remaining aware of their own surroundings. There are many benefits of this augmented reality game, but there are negative consequences to be aware of, as well; and it is up to each player to avoid careless accidents and mistakes while playing.

It is a common practice for companies to do background checks on their employees. However, Uber has stood firm on their stance that their drivers are independent contractors, especially when lawsuits have arisen, claiming Uber was responsible forcar accidents in conjunction with the drivers. Some companies also conduct drug screenings, incorporating them into their background checks. If the ride-hailing company did not do background checks on their independent contractor drivers, there could be liability involved if a criminal committed a crime while on the Uber clock.

What Does a Background Check Entail?

Any company has the right to decide what they consider part of their professional background check for potential employees and independent contractors. Some companies elect to check only the criminal background of potential employees. Other companies conduct full background investigations, including credit checks and even checking social media platforms for inappropriate posts. You may remember many years ago, when job applicants were being warned about being conscious of what they posted to their Facebook and Twitter accounts, because companies were starting to analyze the social media accounts of potential employees.

Essentially, companies do not want to take on the responsibility of hiring someone who is not a perfect fit for their company, or, worse yet, someone who may pose a threat to the livelihood of their company. Not only is it difficult to get rid of an employee that is not a good fit, there is also too much liability involved when a company hires the wrong person. Because Uber considers their drivers “independent contractors,” and considers the company a link between drivers and people who need rides, they can hire and fire drivers without notice, but that did not stop these drivers from filing a lawsuit against the company.

Uber & Lawsuits

From car accident lawsuits to pedestrian lawsuits to class action lawsuits, Uber is not a stranger to lawsuits. The company does not like to admit fault in any allegations against it, however, therefore, the current settlement agreement is a bit surprising, considering how steadfast Uber stands on the words “not guilty” or “not responsible.” Even when Uber has agreed to a settlement over litigation, they have continued to maintain their innocence in the matters.

In April, Uber agreed to pay a separate class action lawsuit up to $100,000. The class action included drivers who believed that they were employees of the company and entitled to benefits. Although an Uber spokesperson declined to comment, Uber has disputed that anyone driving for them is, indeed, an independent contractor, not an employee.

In 2014, Uber was sued by the family of a six-year-old girl who was killed by an Uber driver as she crossed the road. As usual, Uber denied any responsibility in the accident, claiming although the driver was available to provide rides and was logged into the Uber app, Uber had nothing to do with the accident. How the app contributed to distracted driving was brought up in the lawsuit, but Uber still denied any liability, despite settling with the family. The details of the settlement were kept confidential.

Another pedestrian, Erin Sauchelli, who was walking the streets of Manhattan, was also hit and seriously injured by an Uber driver. Unfortunately, Sauchelli’s boyfriend, Welsey Mensing, was not as fortunate as Sauchelli, as he lost his life when he was struck by the Uber driver, Aliou Diallo, who was on his way to pick up an Uber rider. The lawsuit Sauchelli filed against Uber claimed that the app used by Uber drivers causes driver distraction and is in violation of the New York State hands-free law.

To make some extra money on top of their rates, Uber charged “airport fees.” However, surprisingly, Uber never paid any fees to any airports or port authorities. A class action put a stop to Uber servicing airports unless the company has permission from the port authority. Additionally, Uber paid out $1.8 million in the settlement due to the unpaid “airport fees” they charged.

The Background Check Lawsuit

Thebackground check lawsuit was initiated in the San Francisco federal court, alleging that Uber obtained drivers’ consumer background reports without authorization and then terminated them. Lawyers representing plaintiffs in the background check lawsuit filed a memorandum of understanding with the court. In the meantime, they were in the process of drafting a formal settlement. The lawyers did express concerns that the $100 million settlement for the drivers who felt they were entitled to benefits would affect the background check lawsuit settlement, however.

Background Check Lawsuit Settles for Up to $25 Million

Uber has claimed that their background checks were the “gold standard” in the industry, but has stopped saying this earlier this year. The cities of San Francisco and Los Angeles dispute this statement, noting that taxi companies use a system that requires fingerprints, which ensures that the personal identification drivers provide to Uber are truly theirs. The settlement requires Uber to agree not to use specific language pertaining to its services, including asserting they offer the “safest ride on the road.”

A 62-page document called out 25 different instances wherein the background checks that Uber used failed to recognize convicted felons, misdemeanor charges, and citations. Uber let criminals slip through the cracks, putting their riders’ safety at risk. One of the drivers Uber employed the services of was convicted of second-degree murder in 1982 and spent 26 years in prison. When the driver was released in 2008, he applied to be a driver for Uber and provided transportation to over 1,100 Uber riders. Another driver who provided over 5,600 rides through the Uber app was convicted for felony charges pertaining to lewd acts with children and another driver was convicted of identity theft and burglary.

The settlement for Uber background checks has offered Uber a decent deal, with $25 million in penalties that requires the first $10 million to be paid within two months. If Uber complies with all of the terms within the lawsuit and settlement, the other $15 million may be waived. It would make sense for Uber to start taking responsibility and following all laws and guidelines to ensure no more lawsuits are filed against the company.

If you have been in an Uber accident in Indianapolis and are considering taking on the shyster rideshare giant in a lawsuit, you will need an experienced and aggressiveIndianapolis car accident lawyer. The law offices of Rowe & Hamilton are prepared to take on Uber with all our might. Call our offices for a free consultation today.

Think about some of the recent stories you have heard on the news in which someone has lost their life in a tragic event. Now, think about the lives that were lost at the fault of someone else. When awrongful death lawsuit is brought against an individual, an entity, a business, a government agency, or several organizations, it seems fair to say that the jury should be left to determine how much that life was worth, based on the evidence presented in court. After all, that is the main reason for the lawsuit – to determine how much that life (or those lives) is worth and to compensate the plaintiff for that life.

Each state has its own legislation for caps on damages for different types of cases, whether wrongful death or injury. Some states do not apply any caps for damages, while other states have imposed caps to only specific types of cases, such as medical malpractice lawsuits. Also, certain types of damages can be capped, such as non-economic damages like pain and suffering.

Indiana Caps Wrongful Death Awards for Those With No Dependents

You may be surprised to find out that Indiana caps wrongful death awards when they pertain to the “loss of the adult person’s love and companionship.” This cap on damages only applies to those who are not survived by a spouse or a child. Which brings up the question: why is a life worth so much less, just because no dependents exist?

Under this law, even if a jury were to award a wrongful death plaintiff $200 million in damages, the court is instructed to reduce that amount to theIndiana cap amount and the defendant would only have to pay out $300,000. (The law states that a jury cannot be told that the legal limit of damages in these types of cases is only $300,000.) Do the state representatives of Indiana truly believe that the maximum amount a human life is worth is only $300,000? Would state representatives feel that way if they lost one of their loved ones due to someone else’s negligence? It is quite doubtful that they would feel the same if they lost someone they were close to, like a brother or sister.

Let’s look at what $300,000 stands for: Kendall Jenner earned $300,000 for asingle Instagram post, celebrity marketing at its best. Ashton Kutcher earned more thantwice that amount per episode of Two and a Half Men back in 2011. To make things more real for us average people who do not get to enjoy the riches of celebrity life: If the average American makes just under $50,000 per year, $300,000 only covers six years of income for the person who lost their life. How does $300,000 seem anywhere near fair compensation for an entire human life in today’s economy?

Those With Dependents Is a Different Story

On the other hand, a wrongful death lawsuit for someone who is survived by a spouse or a child has absolutely no cap for damages awarded. These awards can essentially be unlimited, based on the expected salary the person would have incurred over the rest of their life, loss of their love and affection, and other pertinent factors. Often, damages for these types of cases will reach into millions of dollars.

What Is the Difference?

To brothers, sisters, mothers, fathers, and anyone else who has lost their loved one, who remains unmarried and childless, the loss is no less. Do you happen to know anyone who is not married? Someone who never did have kids? That person is supposedly worth only $300,000 if they happen to lose their life due to someone else’s negligence, just because they did not get married and they have not had any kids.

Marriage & Kids Are Put Off Nowadays

Consider this for a moment: People are not as quick to jump into a marriage and having children nowadays. Both women and men tend to focus on their careers before even thinking about getting married and having children. This law means that a woman’s fiancée is worth less than he would have been worth if he had married her. How sad would it be if a man were to lose his life in a wrongful death situation just weeks before their wedding day?

Protecting Corporations and Insurance Companies

Why would legislators believe that a single person was worth any less than a married person or someone with kids? Normally, when any cap is imposed in legislation, that cap is there to protect businesses, corporations, and insurance companies or other entities. One can only assume that this law was made to ensure that the compensation in which businesses, corporations, and insurance companies might pay out for wrongful death lawsuits is limited in some form to protect them.

Travel to the Next State

Even crazier is the fact that neighboring states, Illinois and Michigan, do not impose caps on wrongful death cases like Indiana has. Simply living on the other side of the state border increases the value of a life tremendously, almost infinitely. Certainly, if the people of Indiana understood how this law would cap damages for wrongful death cases in Indiana, they would have rallied against the legislation before it was passed.

What About Same-Sex Unions?

Another issue that has been brought up is whether same-sex unions in Indiana qualify as marriage, according to law, in regard to the Indiana wrongful death lawsuit legislation. Alisha Brennon, a plaintiff in a wrongful death case that stemmed from astage collapse, wants to know what Indiana has to say about the issue, as she lost her partner due to the tragic event. While Indiana law would cap Brennon’s loss at $300,000, again, crossing the border to a neighboring state would completely eliminate the questions at hand.

As you can see, Indiana has some laws in place that most people would not be aware of until they actually went to court to pursue a lawsuit. When you have an experienced and knowledgeable Indiana personal injury lawyer or a skilledIndiana wrongful death attorney by your side, you will be prepared for these issue ahead of time. The law offices of Rowe & Hamilton are ready to help you win your case.

When the warm weather kicks in, the kids love to go outside and play. It used to be that all of the neighborhood kids would enjoy riding their bicycles around the neighborhood. Now, kids are enjoying a faster type of thrill – they love to be able to ride their recreational vehicles, such as ATVs, around their neighborhoods, feeling that dead air breeze through their hair on a hot and sunny day. Unfortunately, this play comes with consequences if all safety precautions are not followed.

Car Collides with ATV on West Side of Indianapolis

It was a sad day on the 6th of July when a young boy and a teenager were rushed to the hospital after anATV accident that happened on the west side of Indianapolis. A press release distributed by the Indiana Department of Natural Resources stated that while 17-year-old Justin Bishop drove the ATV, he allowed his five-year-old cousin, Brayson Matney, to ride on the handlebars of the recreational vehicle. Bishop proceeded to ignore and fly through a stop sign at Bradbury Avenue and Lyons Avenue with the young boy on the handlebars, right into oncoming traffic. Both of the kids were thrown from the ATV when an SUV traveling on the road was unable to avoid acollision with the ATV.

Safety Concerns with Recreational Vehicles

While the act of riding with a young child on the handlebars and blasting through a stop sign onto a road were both safety no-nos, there were other safety issues present, as well. Safety precautions could have easily reduced or/and prevented the seriousness of the injuries. For example, neither of the kids were wearing safety helmets while riding the ATV. Both of the boys are truly lucky to be alive.

Neighbor Fears

In this neighborhood, many of the kids enjoy riding their ATVs around, but this has caused a stir amongst neighbors. A neighbor in the area, Lucynda Russell, mentioned that she has been afraid for a while now that someone would hit a child riding an ATV. “Any time you come down any of the main streets, you have to stop and wait to see if there are any kids coming out of the alley or if they’re going to turn onto this side street out here,” said Russell. “I’ve come close to nailing them and I know a lot of other neighbors have too.”

Michael Shaffner, another neighbor, who lives right down the street from Russell, near where the accident happened, does not allow his children to ride ATVs. He also does not allow them to ride scooters around the neighborhood. He said that this accident was a good reminder of why he stood firm on his rules with his own kids. “I’m going to set my kids down and talk to them,” said Shaffner. “And then once they see it on the news, maybe they’ll say, ‘Quit buggin Dad. Dad’s right.’”

Indiana Law About ATVs

According to Indiana law, ATV’s are not allowed on public roads, however some counties are making amendments to this state law. For example,Clark County has decided that all-terrain vehicles can be driven on the public roads of the county. County officials explained the reasoning for this change was due to the fact that people were already using their ATVs on public roads in the county, running errands, working in the fields and traveling from field to field, or simply meeting up with friends.

ATVs in the rural areas of Clark County are a way of life, and county officials believed that changing the law would make it safer for everyone on the roads, because it would bring a true awareness of the ATV riders and require motorists to share the road. “Well you know, we’ve got it already,” Sheriff Danny Rodden said. “We’ve got them out there already — kids especially — doing stupid things on county roads, and we are trying to control it. We have lots of concerns. I have lots of safety concerns.” One of the requirements Rodden would like to add is safety helmets, however, the state law does not allow that for adults.

On the Contrary

On the other end of the argument is IMPD’s Sergeant Matt Morgan, who stands firmly behind the Indiana law. “They don’t need to be on the streets,” said Morgan. “They don’t need to be in the alleys. Fields and trails and everything else are where these are for and of course helmets are always preferred.” He told the media that the police station is still investigating whether or not they should bring charges against the boys or the parents of the boys involved in the ATV collision as the crash continues to be investigated.

How Are the Boys and the SUV Driver?

Emergency medical responders transported both five-year-old Brayson Matney and 17-year-old Justin Bishop to Riley Hospital for Children at IU Health. Last reports that came in to the media stated that the five-year-old was listed in critical condition and also exhibited a broken femur. Not much has been said about the driver of the SUV except that he was not injured and police said that there were not going to be any charges brought against the driver for the accident.

Need Help?

As the people who were close to this accident said, the two boys involved in the accident were lucky to be alive. If the driver of the SUV had been injured or killed, who would have been found at fault? The underaged boys or the parents of the boys, who were probably clueless that they were not riding the ATV safely.

While this is a whole different kind of automobile accident, when incidents like this happen, auto on recreational vehicle, it is nice to have an experiencedIndianapolis car accident attorney to lean on. The state laws of Indiana are in place to protect everyone, regardless of how safe or unsafe people choose to act. However, not everyone follows the law, and when that happens, people are put in dangerous situations where there is potential for injury or death.

One state is taking a new step to combat the texting while driving epidemic, which has been the cause of thousands of unnecessary and ultimately avoidablecar accidents across America. Although texting while driving has been banned by 45 states and the District of Columbia, and Oklahoma recently enacted a bill to ban it, and the fact that tactics – such as public service campaigns, which convey the message about how dangerous it is – have been implemented, drivers still continue to take the chance of putting lives at risk. TheNew York Times reports that the state of New York is attempting a new way of dealing with this prevalent and dangerous behavior behind the wheel called a Textalyzer.

Who Is Driving When Cellphones Are in Use?

While we hear the term “texting while driving” often, there are various behaviors that can be lumped into this category of dangerous driver behaviors. People are not only texting on their cell phones while they are mitigating the roadways. According to the New York Times, Braun Research andAT&T conducted a survey in which motorists confessed that they are also using apps like Facebook, Twitter, and Snapchat, as well as snapping selfies of themselves and shooting videos while they are behind the wheel.

The survey was conducted by telephone by Braun Research and polled 2,067 drivers who own smartphones. Results revealed that 27 percent of drivers confessed to using Facebook while driving. 14 percent of motorists also admitted to using Twitter in the driver’s seat. A startling revelation: 30 percent of the people who confessed to posting to Twitter while driving disclosed that they did it “all the time.” One in 10 drivers divulged that they participate in video chatting while driving, 17 percent take selfies, 33 percent email, more than 10 percent use Instagram and Snapchat, and 28 percent surf the web.

These statistics do not seem to be decreasing or getting any better, despite efforts to campaign against the behaviors. While the percentage of accident increase is lower than 10 percent each year, texting while driving – otherwise known as distracted driving – accidents have increased each year, demonstrating that the epidemic is getting more serious and more dangerous. This leads us to one question: Why?

Many have assumptions, guesses, and possible reasoning why, despite the efforts to educate drivers about the dangers, texting while driving accidents are growing in numbers. In the AT&T survey, people admitted that they were addicted to their social media habits and evidence suggests that social media and cell phone use is habit-forming. In addition, drivers tend to overestimate their ability to multitask while they are behind the wheel.

Public Service Message from AT&T

The cell phone service company, AT&T, has been an avid promoter of safe driving regarding cell phones, having invested heavily in campaigns to discourage distracted driving. One of AT&T’s campaigns that you might be familiar with is the “It Can Wait” initiative. The company also plans to expand the message to discourage not just texting while driving, but also using social media and other smartphone usage while navigating the roadways.

However, these campaigns cannot be relied on completely to diminish the risky behaviors of drivers today. In addition to educating drivers, lawmakers need to step in and enforce the laws with tough consequences. New York is the first state to take a step in the right direction in the war against distracted drivers on their cell phones.

Textalyzer – Proving Drivers Were Texting While Driving

Although technology is the main culprit behind the problem of texting while driving, technology might also provide a solution. The digital device New York lawmakers are proposing to provide to police officers was referred to by the New York Times as “the digital equivalent of the Breathalyzer.” It would be conducted on the roadside, at the scene of a crash.

Here is how it would work: When the officer arrives at the scene of the car accident, he or she would ask all of the drivers involved for their cell phones. The officer would then use the Textalyzer to tap into the cell phones’ operating systems and find out if any recent activity had occurred. If a driver fails to hand their phone over to the officer, their license could be automatically suspended, just like the consequence for refusing to participate in the Breathalyzer test.

New York has a hands-free law, which means that drivers are prohibited from holding their cell phones up to their ears. In addition, hands-free laws forbid drivers texting, using email, Facebook, Twitter, Snapchat, or anything else that could distract their driving. The Textalyzer could quickly and easily determine whether a driver broke these laws and help to resolve who was at fault for the accident. Hopefully, Indiana starts to consider this new technology, as well.

Textalyzer Still Facing Hurdles

Unfortunately, the Textalyzer, although it would be an excellent tool for reducing texting and using social media while driving, is still facing hurdles in the legislation arena. Privacy concerns have been brought up, despite the fact that the Textalyzer would not provide the contents of texts or emails on the cell phones, but rather, just the activity and times the cell phone was used. New York is hoping to be the first state to implement the Textalyzer, just as it was the first state to start the hands-free driving law, and hopefully the rest of the states, including Indiana, follow suit.

Similar to how drunk driving laws and consequences have gotten tougher, reducing the incidences, the repercussions and laws for texting while driving must get more vigorous. The Textalyzer, if and when legislation is passed, could be the key to making drivers more aware of their actions. It could also be the ticket to decreasing the unfortunate and unnecessary distracted driving car accident statistics.

Distracted driving is careless and it is a conscious decision that people make, despite knowing how dangerous it can be. If you or someone you love has been injured because of a distracted driver, you need to reach out to anIndianapolis car accident attorney who can help you secure the compensation that is owed to you for all of your pain and suffering. Contact the law offices of Rowe & Hamilton today for a free consultation.

When you sign the papers at a nursing home to register a loved one in a nursing home, the last thing you expect is for them to be abused, neglected, or exploited. This is especially true when the nursing home is a well-known and skilled rehabilitation facility. Unfortunately,exploitation of nursing home residents is a real issue in our country, and it has been a serious issue of concern for the state of Indiana, as well.

Indiana Nursing Home Under Investigation

Just over a year ago, The Waters of Scottsburg, a facility that serves nearly 90 residents who require daily care, wasunder investigation due to nude photos surfacing of one of its residents. The facility released an official statement that said: “We immediately notified all proper authorities, conducted an internal investigation, and have taken other appropriate action.” Sadly enough, this probably did not make the family of the resident feel any better about what took place.

What happened was quite simple: nude photos of a resident were allegedly found on social media. However, there is not a simple explanation for this type of exploitation. What type of person could possibly take nude photos of a vulnerable elderly person and then post them on social media? According to the news station, as many as three employees of The Waters of Scottsburg were part of the investigation that was being handled by the Indiana Department of Health and the Scottsburg police department.

The Waters of Scottsburg said that the three nursing assistants were suspended. Since that incident, no new news has surfaced on the issue, despite the fact that the case was turned over to local prosecutors, who were in charge of making any decisions regarding any possible criminal charges. In a similarsickening story, a certified nursing assistant (CNA) who worked at Asperion Care in Michigan City was criminally charged for posting a video of an elderly resident in the shower on Snapchat.

Snapchat Elderly Voyeurism

The CNA involved is not worth the mentioning of her name, and due to patient privacy, the patient’s name has been withheld from the news. The court documents stated that the video showed the 85-year-old victim naked in the shower while the CNA sprayed her with water. The CNA’s voice could be heard in the video saying, “look at this crazy…she doesn’t like taking showers.” The resident was a dementia patient who certainly deserved at least her dignity to be protected while in the care of a professional caretaker. When the CNA was confronted about the video, she told her supervisor that she “accidentally” posted the video on Snapchat and she only meant to snap a photo of the elderly patient’s face.

As the investigation continued, more evidence indicated that the CNA was not telling the truth. A screenshot of the video was procured by someone who showed it to supervisors of Asperion Care. The court record denotes that the screenshot included the elderly patient sitting naked on a chair in the shower, completely exposed, with a caption that basically said “She hates showers,” when we remove the unnecessary wording that was used.

The CNA was fully aware of the patient privacy policy and code of conduct at Asperion Care, which is outlined in its employee handbook. In fact, Asperion proved that the CNA signed off that she had received a copy of the employee handbook. In the handbook, it clearly states:

“Each facility resident and employee should be free of any fear that he or she will be photographed or videotaped, or have his or her voice recorded, copied or transmitted improperly. Therefore, employees are prohibited from possessing or using, or assisting another person to possess or use a recording device while on the premises of the facility or while working for the facility.”

Another Recent Story of Disgust

As if the last two stories were not enough to let people know that this type of behavior is not acceptable and will be prosecuted, another news story popped up in Wisconsin just recently. Eau Claire police have charged two certified nursing assistants with felony counts for sharing a naked photo of another dementia patient, as well. One of the CNAs is charged with capturing and distributing a nude representation without consent and the other CAN is charged as a party to the crime.

According to the criminal complaint, both of the CNAs were working the night shift when they noticed that a male patient had fallen in the hallway. He was on the floor, his pants were down, and he was exposed. One of the CNAs decided at that moment to snap a photo of the dementia patient and shared it on social media. According to a witness, both of the CNAs found the scenario of the poor elderly man on the floor “hilarious.” The same witness says that one of the CNAs snapped a photo and sent it through Snapchat to her boyfriend.

While a forensic examination did not turn up the photograph, however a text message between the two defendants did confirm that the incident occurred. Both of the CNAs were fired by Azura Memory Care and face criminal charges, facing up to 3 ½ years in prison each and up to a $10,000 fine.

Betraying Patients

You do not have to be a certified nursing assistant to realize that these incidents are inappropriate and disgusting. CNAs are supposed to be an elderly patient’s advocate and caretaker, not the person who degrades and disgraces them. These three incidents are clear depictions of betraying the trust of patients. Anyone who works in a nursing home should ensure that they are doing everything they can to protect their patient’s rights, their dignity, and their privacy.

If a loved one has been exploited, neglected, or abused in an Indianapolis nursing home, you need to contact an dedicatedIndianapolis nursing home attorney today to discuss your options. This type of behavior is not appropriate and someone needs to be held accountable for the embarrassment and emotional distress this has caused everyone involved.Contact us today online or call us for a free consultation.

According to anIndyStar investigation, thousands of elderly people are exposed to traumatic and often deadly neglect and abuse. The Indiana agency, Adult Protective Services, is responsible for ensuring that these vulnerable citizens are properly taken care of. Unfortunately, investigators from APS are overwhelmed, regardless of how good their intentions may be, and more and more seniors are falling prey to financial exploitation.

Adult Protective Service Comparisons by State

When IndyStar conducted an investigation to find out how Indiana’s Adult Protective Services was performing in comparison to other adult protective agencies across the country, they found that Indiana was coming up short. For starters, Indiana APS has up to 20 days to initiate an investigation after a report comes in. Illinois requires this to happen within seven days, while Ohio requires investigations to be launched within three days. In Michigan, reports must be investigated within one day.

Another problem that Indiana faces is the lack of an adequate amount of investigators to handle reports. When comparing states with approximately the same amount of residents, IndyStar found that Indiana maintained an extremely low amount of full-time investigators. The lower the amount of investigators, the less cases can be handled in a timely manner.

Full-time investigators per state:

Indiana – 30

Arizona – 124

Tennessee – 90

Washington – 175

APS Budgeting Constraints

When funds are inadequate, agencies and services will not function as smoothly and as competently as when they receive suitable funding. Indiana seems to also be lacking in this section of the investigation, as well, only receiving a budget of $3.26 million. While this may seem like an enormous amount of money, in comparison, it is embarrassingly low. In fact, the animal control in Indianapolis is provided 42.6 percent more funding than APS receives to protect the elderly and endangered adults of the entire state of Indiana.

Other state APS budgets:

Massachusetts – $20.1 million

Washington – $13.6 million

Tennessee – $8 million

The Cost of Under-Budgeting

The Indiana Family and Social Services Administration is the agency in charge of funding APS. APS officials admitted to IndyStar that there is not enough time to visit every home for every complaint or maintain proper records. To make matters worse, they also confessed that victims of senior abuse and neglect are sometimes left in precarious situations due to lack of funding for relocation.

It Will Only Get Worse

APS officials also divulged to IndyStar that there are still open financial exploitation cases from up to seven years ago. Investigators do not have time to spend on pursuing these horrific cases, let alone criminal charges against the people taking advantage of the elderly. According to the executive director of Indiana APS, the problem is getting worse, with a 33 percent increase of financial exploitation cases alone in the past decade.

Bank Robberies vs. Financial Exploitation Cases

In Indiana in the year 2010, there were 1,277 cases of financial exploitation of seniors, in comparison to a mere 110 cases of bank robberies. In that year, financial exploitation losses added up to $38 million, while bank robberies resulted in $1 million in losses. Research conducted by the National Protective Services Association indicates that 10 percent of financially exploited seniors end up depending on government assistance programs, such as public assistance and Medicaid.

Unreported Cases

Research estimates that merely one in 44 cases of financial exploitation of seniors are reported to authorities. Some of the victims of financial exploitations cases are too proud or ashamed to report what happened to them, while others are unable to report the crimes because their disabilities deem them unable to speak up for themselves. Many have a difficult time understanding why someone whom they trusted would hurt and take advantage of them.

Trust Issues

Inone case of financial exploitation that occurred in 2010, a Bank of America fraud analyst reported suspicious credit card activity on a new Chase account that went from zero to $19,175.20 in just one month on tattoos and body piercings, furniture rentals, a 60-inch television, and a racing vehicle. Before reporting the activity on the account, he attempted to call the caregiver of the elderly woman, who was authorized as a user on the account. The caregiver, Julie Lagos, gave the analyst a fake address.

The analyst also tried to call the cardholder, the elderly woman, about the recent purchases on the account. While the elderly woman did not seem to know anything about the purchases on the account, she was steadfast about keeping Lagos on the account. She began crying during the conversation and told the analyst not to call again.

When the APS investigator went to the home of the 80-year-old woman the next day, the elderly woman would not open the door. She kept the chain lock attached and merely cracked the door open. When the APS investigator flashed her ID and badge, the woman told her, “You’ll have to talk to Julie,” and closed the door. The APS investigator knocked on the door again, but the elderly woman would not answer this time.

Preventing Financial Exploitation of Seniors

Sadly, the seniors who are financially exploited are being taken advantage of by scammers whom they have come to trust. This is yet another reason why they do not report these incidents. Teaching people who are vulnerable or older how to recognize the signs of scams and pinpoint behaviors of scammers is vital to protect our seniors and prevent financial exploitation.

Retirement and pension accounts have become less popular, which means that most seniors depend on their financial resources to survive. Many have saved up money for decades, some do not trust banks, and others rely on credit cards to pay their monthly bills. In most cases, the elderly person provides their caretaker with authorization to manage their financial accounts, leaving them vulnerable to being exploited.

If your loved one has been financially exploited, you need anexperienced Indianapolis senior abuse and neglect attorney who will fight for restitution and help further protect the vulnerable seniors in our society. Contact the law firm of Rowe & Hamilton to discuss the details of your case today.

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